Education (Wales) Measure 2009
Jurisdiction | Wales |
Citation | 2009 nawm 5 |
Year | 2009 |
(1) The Education Act 1996 (c. 56) is amended in accordance with this section.(2) After section 332 insert—“ — England ” ;in subsection (1) , after the words “F1local authority” insert “ in England ” ;in subsection (2) , for “given—” substitute “ given by the Secretary of State. ” ;in subsection (2) , omit paragraphs (a) and (b) .(3) After section 332A insert—
- “(1) This section applies to the rights of a parent of a child to appeal to the Welsh Tribunal under any of the following provisions—
- (a) section 325(2) (appeal against decision not to make statement) ;
- (b) section 326(1) (appeal against contents of statement) ;
- (c) section 328(3) (b) (reviews of educational needs) ;
- (d) section 329(2) (b) (assessment of educational needs at request of child's parent) ;
- (e) section 329A(8) (b) (review of assessment of educational needs at request of responsible body) ;
- (f) paragraph 8(3) (b) of Schedule 27 (change of named school) ;
- (g) paragraph 11(2) (b) of Schedule 27 (ceasing to maintain a statement) .
- “(1) This section applies if a F1local authority in Wales is required to give notice to or serve a document on a parent of a child under any of the following provisions—
- (a) section 325 (appeal against decision not to make statement) ;
- (b) section 328 (reviews of educational needs) ;
- (c) section 329 (assessment of educational needs at request of child's parent) ;
- (d) section 329A(8) (review or assessment of educational needs at request of responsible body) ;
- (e) paragraph 3 of Schedule 26 (manner and timing of assessments) ;
- (f) paragraph 2A of Schedule 27 (amendments to a statement) ;
- (g) paragraph 2B(2) of Schedule 27 (provision of additional information) ;
- (h) paragraph 6 of Schedule 27 (service of statement) ;
- (i) paragraph 8 of Schedule 27 (change of named school) ;
- (j) paragraph 11 of Schedule 27 (ceasing to maintain a statement) .
- “(1) The Welsh Ministers may provide by regulations for a child to have a person (referred to in this Part as a “case friend”) —
- (a) to make representations on behalf of a child with a view to avoiding or resolving disagreements about the exercise by local education authorities in Wales of functions under this Part, and
- (b) to exercise the rights of a child under section 332ZA on the child's behalf.
- “(1) A F1local authority in Wales must arrange for any child in their area with special educational needs, for a parent of any such child and for a case friend for any such child, to be provided with advice and information about matters relating to those needs.
- (2) In making the arrangements, the authority must have regard to any guidance given by the Welsh Ministers.
- (3) The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.
- (4) The authority must take such steps as they consider appropriate for making the services provided under subsection (1) known to—
- (a) children in their area,
- (b) parents of children in their area,
- (c) head teachers and proprietors of schools in their area, and
- (d) such other persons as they consider appropriate.
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